| Show THE TRUSTEES CONTEMPT judge zane again appeals this time more humbly wednesday morning was the time fixed by the territorial supreme court for the appearance of the school trustees admitted aa parties litigant in the church ca sesto show cause why they should not be punished for contempt cf court in summarily withdrawing from the case after the rendering of a which had not been to their attorney in anticipation of some in te s a filled the court room and the seats within the bar for the legal fraternity were all occupied on the opening of the court judge zane arose and said if the court please the trustees ordered to appear this morning in the contempt proceedings are in my room except mr colbath who is out of town and cannot get here until tomorrow to morrow they all desire to ait till then if the court will permit it they asked me to appear for them as counsall coun sal judge judd we understand this matter to refer to the person and the aill be required to answer m person not by representative judge sandford let mr colbath be notified to appear tho next day after he is served judge zane the trustees who are here are now preparing a statement to present to the court it will be reada in a few minutes these trustees will sign the statement one of them capt bailey is ill with rheumatism and came rather late he came down with considerable difficulty A few minutes later trustees alff bailey and millspaugh petered the court and took seats within the bar the reading of the minutes of the past two days was proceeded with when clerk clarke reached the point regarding judge zanes withdrawal with drawl from the proceedings against receiver dyer he read that the trustees had filed a petition what is that interrupted judge judd presented a petition said mr clarac make it a paper writing remarked judge judd and the change was made at the conclusion of the reading judge zane announced that three of the trustees ware present and that mr colbath would be here today to day ha asked the privilege of appearing as counsel this was granted judge zane they would all prefer a postponement till tomorrow to morrow that all may be present judee judd hav you the answer of those present judee zane yes sir judge judd then file that judge zane I 1 desire to be heard in their behalf judge sand ford we do not caro to hear any argument now we will hear it altogether judge zane of course it would be an injustice to the trustees not to be heard judge d we do not care to beai any argument the statement of the trustees was taken into the possession of the court who desired to look over it before determining ter what should be done with it the substance of it is understood to be that the trustees say they they were authorized by resolution of their respective boards to employ counsel for the purpose of ascertaining their rights in the case and for the preservation of the fund which it was the purpose of the law to have go to the common schools they did this and proceeding under abo advice of their solicitors filed a petition in the court the order of the court ns amended excluded them from introducing testimony relative to the compensation of the receiver and his attorneys being thus excluded they had no power to proceed further in the premises and had to withdraw they deny any intention of trifling with the court and say eliat i they have acted in good faith for the preservation of the fund from excessive claims in no instance have they used language intended by them to be insolent contemptuous or scurrilous but they proceeded as they believed in a proper manner entertaining feelings of profound respect for the court and its officers they had expended or in gathering evidence in support of the claim they made and believing that this evidence should be brought to the attention of the court it was at the disposal of the latter as was also the list of witnesses who would have been summoned in all that had been done they had not sought to offend either directly or by innuendo inu endo the court the responsibility of all the documents that have been presented is assumed by theia counsel zane zane who advised them in all things |
